CopyCited 34 times | Published | Court of Appeals for the Eleventh Circuit
...iance). 10 3.Funding 21 The Tribe also contends that the Florida Commission is fiscally independent because it does not rely upon state funds to support its operations. Instead, the Commission raises its own funds to pay its expenses. See Fla. Stat. 548.077....
...455.219(4). Additionally, the DPR submits to the legislature an annual report on the Commission which includes a breakdown of the Commission's revenue and expenses and a condensed version of the Commission's long-range plan. See id. 22 Furthermore, section 548.077 reinforces the notion that the Commission is an arm of the state....
...Thus, this factor also supports the proposition that the Commission is an arm of the state. 4.Responsibility for Judgments 23 The Tribe contends that the Florida Commission, rather than the state, is responsible for any judgments rendered against it. Section 548.077 requires the State Treasurer to pay the Commission's expenses from the moneys collected by the Commission. According to the Tribe, the expenses covered in 548.077 necessarily include litigation expenses and monetary judgments....
CopyPublished | Court of Appeals for the Eleventh Circuit | 2000 WL 1288675
...Funding
The Tribe also contends that the Florida Commission is fiscally independent because it does not rely
upon state funds to support its operations. Instead, the Commission raises its own funds to pay its expenses.
See Fla. Stat. § 548.077....
...§
455.219(4). Additionally, the DPR submits to the
legislature an annual report on the Commission which includes a breakdown of the Commission's revenue
and expenses and a condensed version of the Commission's long-range plan. See id.
Furthermore, section
548.077 reinforces the notion that the Commission is an arm of the state....
...Thus, this factor also supports the
proposition that the Commission is an arm of the state.
4. Responsibility for Judgments
The Tribe contends that the Florida Commission, rather than the state, is responsible for any
judgments rendered against it. Section 548.077 requires the State Treasurer to pay the Commission's
expenses from the moneys collected by the Commission. According to the Tribe, the expenses covered in
§ 548.077 necessarily include litigation expenses and monetary judgments....
CopyPublished | Court of Appeals for the Eleventh Circuit
...an and report its findings to the Governor.
14
because it does not rely upon state funds to support its operations. Instead, the
Commission raises its own funds to pay its expenses. See Fla. Stat. § 548.077.
Even though the Commission may collect money to pay for its own expenses, the
Commission is still an arm of the state because the state controls its fiscal life....
...Additionally,
the DPR submits to the legislature an annual report on the Commission which
includes a breakdown of the Commission’s revenue and expenses and a condensed
version of the Commission’s long-range plan. See id.
Furthermore, section 548.077 reinforces the notion that the Commission is
an arm of the state....
...Thus, this
factor also supports the proposition that the Commission is an arm of the state.
4. Responsibility for Judgments
The Tribe contends that the Florida Commission, rather than the state, is
responsible for any judgments rendered against it. Section 548.077 requires the
State Treasurer to pay the Commission’s expenses from the moneys collected by
the Commission. According to the Tribe, the expenses covered in § 548.077
necessarily include litigation expenses and monetary judgments....